Canadian Criminal Law Web

Analytic Structure: Model Penal Code

I. Definition: Criminality ("Offense") [arts.1-2] Does the behavior constitute criminal conduct? (was a (penal) law violated?) A. in general: Does the penal code apply? (jurisdiction [§1.03]) B. in particular: Does the behavior meet the definition of a particular criminal offense defined in the penal code? [art.2] (see principles of legislativity & prospectivity) 1. What are the elements of the offense as defined? [§1.13(9)] (a) Actus Reus (i) Conduct [§1.13(5)] - required ("(voluntary) act requirement" [§2.01]) (ii) Circumstances - may be required (see specificity principle) - e.g. nature of offender (public servant [§240.5]) or of victim (human being [§210.1]), legality (§212.1), time (§221.1), place (§250.5), consent (§223.9), justification (§230.3). (iii) Result - not required (e.g. §223.6); only in result offenses (e.g. §§ 210.1, 224.14) (b) Mens Rea: Mode of Culpability, Mental State (w/ respect to each element) - not required (strict liability [§2.05]) - rules of interpretation: §§ 1.02(3), 2.02(3), (4), 2.05 (see principle of lenity) - e.g. purpose (intention), knowledge, recklessness, (criminal) negligence [§2.02], wilfulness [§2.02(8)] (see comparative chart) 2. Does the behavior satisfy each element of the offense? (a) Conduct - act [§2.01] - voluntariness [§2.01] - omission [§2.01] - imputation/derivative liability [§2.06] - instruments [§2.06(2)(a)] - complicity [§2.06.(3)] - corporate actors [§2.07] (b) Circumstances (c) Result - causation [§2.03] - but for [§2.03(1)(a)] - proximate [§2.03(1)(b)-(4)] (d) Mode of Culpability (w/ respect to each element) - mistake re: presence of offense element(s) [§2.04(1)] - intoxication [§2.08] - diminished capacity [§4.02(1)] II. Justification: Illegality/Unlawfulness/Wrongfulness ("Defenses" pt. 1) [art.3] Is the criminal conduct unlawful generally speaking? (was the law violated?) A. in general (choice of evils; necessity [§3.02] B. specific justification 1. execution of public duty [§3.03] 2. self-defence [§3.04] 3. defence of another [§3.05] 4. defence of property [§3.06] 5. use of force in law enforcement [§3.07] 6. supervisory position (e.g. parent, teacher, warden, conductor, surgeon [§3.08]) 7. (justificatory) consent [§2.11] 8. (justificatory) compliance with military orders [§2.10] C. reasonable mistake as to satisfaction of justification element [§§ 3.02(2), 3.09] III. Excuse: Inculpation/Responsibility/Accountability/Blameworthiness ("Defenses" pt. 2) [art.4] Can the accused be held culpable for the facially criminal conduct? A. Did the accused lack the capacity for conduct? (incapacity) 1. insanity [§ 4.01] - (exculpatory) intoxication (not available under MPC but see I. (intoxication)) 2. infancy [§ 4.10] B. Was the accused incapable of exercising his capacity for culpable conduct? (inability/impossibility/avoidability)? 1. duress [§ 2.09] (a) personal [§ 2.09] (b) circumstantial (not available under MPC, but see II. (choice of evils; necessity)) 2. provocation (extreme emotional disturbance [§210.3.(1)(b)]) 3. (exculpatory) compliance with military orders [§210] 4. entrapment [§213] 5. mistakes - unreasonable (reckless, negligent), yet exculpatory, mistakes re: conditions of justification [§§ 3.02(2), 3.09] - (exculpatory) ignorance/mistake of law [§2.04(3)]